Jay-Ton Construction Co. v. Bowen Construction Services, Inc.

By Judge Mark S. Davis

This matter is before the Court on defendant’s Motion for Summary Judgment, plaintiffs Motion to File Reply Pursuant to Rule 3:12, plaintiffs Motion to Strike Counterclaim, plaintiffs Motion for Nonsuit, and various related subsidiary matters. The factual and procedural background of these motions, discussion of the issues, and conclusion are set forth below.

I. Factual and Procedural Background

Plaintiff, Jay-Ton Construction Co., Inc. (hereafter “Jay-Ton”), filed its Motion for Judgment on May 22, 2002, alleging breach of a construction contract by the defendant, Bowen…